The URL can be used to link to this page

Home My WebLink AboutTB-07/25/2006 ELIZABETH A. NEVILLE TOWN CLERK Town Hall, 53095 Main Road PO Box 1179 Southo1d, NY 11971 Fax (631) 765-6145 Telephone: (631)765 - 1800 southoldtown.northfork.net REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD TOWN BOARD REGULAR MEETING I. ReDorts MINUTES July 25, 2006 4:30 PM A Regular Meeting of the Southold Town Board was Hall, Southold, NY. Supervisor Russell opened the. . Allegiance to the Flag.sii:f' ~b Iy 25, .:2006 at the Meeting with the Pledge of ! Supervisor : Deputy Tovvn Clerk . .j................................................................... i Assistant Town Attome iSJ3tuS! Arrived .. . 'r~~~~~tl'" ! Present : 'Present . ""..~~._~......"~... .,...------...+ Present . ....j....j..... ! Absent i ...........................j. i Present i _._00_..__......,....................""'...1....._ I Present i :------..-.--.....--.........."....,'1,...... i Present : 1. 2. Recreation June 2006 3. Island Group Lag Report 7/1/05 -6/30/06 4. Justice Evans June 2006 5. Justice Bruer June 2006 Page I July 25, 2006 Town of Southold Board Meeting Minutes 6. Program for the Disabled June 2006 7. Budget Report Month ending June 30, 2006 II. Public Notices 1. NYSDEC Application William Hurtle III. Communications 1. Letter From James Bunchuck, Solid Waste Coordinator Commending Lloyd Reisenberg and Zach Tomaszewski of the Data Processing Department for their strong support during the transfer station construction project. 2. Letter From Capt. Martin Flatley, Southold Town Police Department Expressing his appreciation to the Town Board for approving his attendance at his yearly FBI National Academy retrainer. IV. Discussion 1. 9:00 AM - Executive Session Melissa Spiro - Property Acquisition 2. 9:15 AM - Custodial Position James McMahon 3. 9:30 AM - Westphalia and Route 48, Mattituck Leg. Edward Romaine 4. 10:00 AM - Love Lane Closure Peter Harris, Mark Terry, Chief Cochran, George Solomon 5. 10:20 AM - Garbage Cans & New Suffolk Parking Peter Harris & James McMahon 6. 10:30 AM - Affordable Housing Program Phillip Beltz 7. 12 Noon - 1:00 PM Lunch 8. Littclr Volunteers of Southold Town 9. Animal Shelter Agreement between Town of Southold and Design Learned Page 2 July 25, 2006 Town of South old Board Meeting Minutes Financial Proposal - Councilman Wickham Invoice 10. Peconic School 11. Possible Local Law No Parking Latham Lane, Orient 12. Peace Officer Training Follow-Up 13. Dep:lrtment Coordinating Meeting Supervisor Russell 14. Executive Session Personnel - Data Processing 15. Executive Session Personnel - Melanie Doroski promotion V. Snecial Presentation 1. 4:30 P.M. - Rev. Lynda Clements VI. Minutes Annroval 1. Tuesday, June 20, 2006 2. Tuesday, July 11, 2006 VII. Resolutions 1. Statement SUPERVISOR RUSSELL: Welcome to the July 25, 2006 meeting of the Southold Town Board. Please rise and join with me in the Pledge of Allegiance to the Flag. I am very, very sad but very honored to be presenting this proclamation on behalf of the Town Board. W HER E AS: the Town Board of the Town of Southold wishes to honor the REV. L YND A CLEMENTS as she prepares to relocate after 13 years of service to her church, her community and Southold Town; and W HER E AS: as pastor of the Cutchogue Presbyterian Church, LYNDA utilized theology to foster an understanding of problems in the public arena as well as to stimulate personal and spiritual development, participating in interdenominational venues on the East End and international worship studies in an effort to bring about greater understanding of different cultures and beliefs; and W HER E AS: L YND A is committed to promoting economic and social justice for those in need as evidenced by her participation in groups such as Southold's Housing Advisory Commission, Anti-Bias Task Force, Women in Conversation, Community Land Trust of Southold, Progressive Women in Southold Politics and Southold Rotary; and Page 3 July 25, 2006 Town of Southold Board Meeting Minutes W HER E AS: Southold Town takes pride in the contributions LYNDA has provided to her community and her profession, reaching out to so many people and helping to make the North Fork a better place; her dedicated and selfless service deserves the sincere thanks of those for whom she has made a difference for so many years now, therefore, be it RES 0 L V ED: that the Town Board of the Town of Southold hereby expresses appreciation to the REV. LYNDA CLEMENTS and extends sincere best wishes as she moves on to the next phase of her life. SUPERVISOR RUSSELL: And speaking on behalf all of them, it is a huge loss for Southold Town and (inaudible) the disenfranchised of this Town. I just can't thank you enough. It has been an honor knowing you. COUNCILMAN WICKHAM: Scott? Can I add some recognition of Linda's husband, Dick Ploth? Who was for many years on the Town's Ethics Board. In fact, I think you were one of the original people on the Ethics Board. If you could both stand up, as a couple, we could recognize the services that you both have made. UNIDENTIFIED: As I was saying to Linda, we are very sorry you are leaving but you are taking him with you, aren't you? SUPERVISOR RUSSELL: You know, Dick, I forgot that when Linda goes, you go with her. I overlooked it. I thank Tom for pointing it out and I want to thank you personally. You have been a great advisor to me in so many aspects of being a public official. You have always been approachable and I want to thank you for all your contributions. I think knowing you has made me a better public official. Thank you and of course, the same to you Linda. The two of you have been so meaningful to this Town. Moving on to the more dry aspects of the meeting. Oh, I am sorry. Before we start the roll call, would anybody like to speak or address any issue that is on the agenda before you this evening? Mrs. Egan? JOAN EGAN: Good evening, Joan Egan, East Marion. Got a couple of nice days in a row but the heat is back. Of course, on the first page you have Judge Evans and Judge Broers report and you know I hope you all review it, not for the money but for what is happening to our town as far as crime is concerned. Incidentally, my little wake up call at the last meeting alerting people to, if you see something let them know has gotten a very good response all over and people are doing less cell phone calling thank god while they are driving. So that's a plus in our favor. Oh, item 635, what is that all about? COUNCILMAN KRUPSKI: The purchase of development rights. MS. EGAN: Yeah. COUNCILMAN KRUPSKI: It is a standard farmland purchase, you know, sale.... MS. EGAN: And we are going to purchase it? Page 4 July 25, 2006 Town of Southold Board Meeting Minutes COUNCILMAN KRUPSKI: Yes. SUPERVISOR RUSSELL: The development rights. MS. EGAN: Well, you know, I still get very concerned about the Town having too much land in their name and you always promise you will never do anything with it. COUNCILMAN KRUPSKI: Well, it won't be in the Town's name. MS. EGAN: No? Who is it? COUNCILMAN KRUPSKI: It will be in private ownership. MS. EGAN: Oh, good. Oh, good. COUNCILMAN KRUPSKI: Just the development rights will be purchased. MS. EGAN: Pardon? COUNCILMAN KRUPSKI: Only the development rights. It won't be built on. MS. EGAN: Oh.Oh. Well, let's hope not. Oh, on item 636, what, you said you might have some information on the new center? SUPERVISOR RUSSELL: We had a discussion today, a somewhat brief discussion on the Peconic school and the possible Town acquisition of it. What we are going to do is make a request of the school district for more information, specifically appraisal information, things like that, so we could make a more informed decision. No decisions yet. Just a concept discussion. MS. EGAN: Yeah. Have you yourself gone into the building? SUPERVISOR RUSSELL: I have inspected it. MS. EGAN: And you feel it is a goal? I mean, it is in good shape and we would be able to use it? SUPERVISOR RUSSELL: It is in restorable shape. Good shape. It is in better shape than I thought it was but it does need work and that all has to be factored into the decision making, what we are taking on. MS. EGAN: Good. Great. So now this roller skating rink? Where would that be? SUPERVISOR RUSSELL: We actually are pulling that resolution this evening. That is basically for resurfacing for the roller rink down at Cochran Park. But it was determined.... Page 5 July 25, 2006 Town of Southold Board Meeting Minutes MS. EGAN: Where? SUPERVISOR RUSSELL: Jean Cochran Park. In Peconic. MS. EGAN: Oh, okay. SUPERVISOR RUSSELL: And what we had determined after a review by some Town Board members was that that was not an appropriate charge against the parks and playground recreational revenue but rather should be part of the capital budget as a maintenance issue. So we are not going to be acting on that resolution this evening. MS. EGAN: Oh, okay. Now you x'ed out something here on 637. SUPERVISOR RUSSELL: Yes. We moved that to Fishers Island because it is an issue pertaining to Fishers Island Ferry District and to be frank with you, they are buying a fish ladder and I don't know what a fish ladder is. I would like to find out before I vote for it. MS. EGAN: Good. That is a good idea. You should find out about everything before you vote on it. I know I do. SUPERVISOR RUSSELL: I try. MS. EGAN: Now, the dump. What are we doing there, on 638? They need more employee work clothes? They spend a lot of money there. SUPERVISOR RUSSELL: That is straight forward, standard bookkeeping. MS. EGAN: Pardon? SUPERVISOR RUSSELL: Straight forward, standard bookkeeping and balancing of accounts. MS. EGAN: Good. On item 639, we have a retirement or resignation, are we replacing that person? SUPERVISOR RUSSELL: It would be my hope that we can find someone that has shown the type of talent that Vic has. I don't think we can but we are certainly going to try. MS. EGAN: Good. Oh, item 642, you have couple of new public safety dispatchers. Would that be, indicate that we won't have policemen, who we pay an enormous salary to doing the job of dispatchers? SUPERVISOR RUSSELL: This is three new hires to fill the positions that have long been vacant and we finally have been able to fill. MS. EGAN: Good. And they are union employees, correct? Page 6 July 25, 2006 Town of Southold Board Meeting Minutes SUPERVISOR RUSSELL: Yes. MS. EGAN: And that will free up a couple of policemen, that they don't have to.... SUPERVISOR RUSSELL: Yes. MS. EGAN: Great. That was an awful load for us to carry as far as money is concerned. Plus the fact that they have to work overtime and then they are tired and it is hard to do your job when you are tired. Now, on item 646. This is again the dump and what is that all about? SUPERVISOR RUSSELL: 646 is a resolution of an ongoing dispute with the Village. We have set aside the request for lead agency for SEQRA purposes in the demolition or the decommissioning of the scavenger waste treatment facility. The Village has.... MS. EGAN: You mean Greenport? SUPERVISOR RUSSELL: Greenport, yes that is right. Greenport has decided to also set their request for lead agency aside. We have convened or we will be convening a group of two representatives from the Town Board to represent us with the Village Board to work together, moving forward to get that decommissioned and get that site restored. MS. EGAN: Good. Not fun to fight Mr. Kapell but you have got to do it. Well, I think that is a wrap on what I have to say now. Thank you very much. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Board on issue on the agenda tonight? (No response) Hearing none, we will move forward. 2006-617 CATEGORY: DEPARTMENT: Audit Town Clerk Approve the Audit Dated July 25, 2006. RESOLVED that the Town Board of the Town of South old hereby approves the audit dated Julv 25. 2006. ~ Vote Reeord..Resolutioll2006-617 :"Yoter' Yes/Aye ~~!N~Y Abstain Absent I<l Adopted Alb.ert Krupski Jf, I<l 0 0 0 0 Adopted as Ameoded Wi.I#CI,J:ll",P. Edwards Voter I<l 0 0 0 0 Defeated Daniel C. Ross Seconder 1<1 0 0 0 0 Tabled Thomas H. Wickham Initiator 1<1 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 1<1 Scott Russell Voter I<l 0 0 0 Page 7 July 25, 2006 Town of South old Board Meeting Minutes 2006-618 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set Next Meeting to be August 8, 2006 RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, August 8, 2006 at the Southold Town Hall, Southold, New York at 7:30 P. M.. ./ Vote Record ~Resolution2006-618 Yes/Aye N~!N~Y ~bstain Absent 6!1 Adopted Albert. Krupski..k.. Voter 6!1 0 0 0 0 Adopted as Amended William P. Edwards Voter 6!1 0 0 0 0 Defeated DariiefC:"Ross Seconder 6!1 0 0 0 0 Tabled Thomas H. Wickham Initiator 6!1 0 0 0 0 Withdrawn Louisa P. Evans ~'" Voter 0 0 0 6!1 Scott Russell Voter 6!1 0 0 0 2006-619 CATEGORY: DEPARTMENT: Budget Modification Police Dept ModifY the 2006 General Fund Whole Town Budget - Police RESOLVED that the Town Board of the Town of South old hereby modifies the 2006 General Fund Whole Town budl!et as follows: From: A.3120AAOO.700 Vehicle Impound $1500.00 To: A.3120A.IOO.500 Motor Vehicle Tires $1500.00 ./ Vote Record ~IleSOltitioD2Q06..619 )!e.~J\ye_ J'~,~!Nay Abstain Absent 6!1 Adopted ~ A1~~~ps)(~ ,~,~. Initiator 6!1 0 b 0 0 Adopted as Amended William P. Edwards Seconder 6!1 0 0 0 0 Defeated oaniefC~' Ross Voter 6!1 0 0 0 0 Tabled Thomas H. Wickham Voter 6!1 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 6!1 Scott Russell Voter 6!1 b 0 0 2006-620 CATEGORY: DEPARTMENT: Surplus Equipment Police Dept Surplus Equipment - Police Page 8 July 25, 2006 Town of South old Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby declares the followinl! equipment to be surplus equipment: 2003 Ford Crown Victoria - VIN 2FAFP71W53XI09521 - 124,026 miles Contact person is Lt. H. William Sawicki - (631) 765-2600. Vehicle does not run and maybe viewed at Police Headquarters by making arrangements with Lt. Sawicki. Be it further RESOLVED that the Town Board authorizes and directs the Town Clerk to advertise for the sale of same. .t Vote ReCord - Resolution. 2006-620 Y~~~Y_e: ~~f1"IIlY Abstain Absent E!J Adopted Albert KrupskiJr, Seconder E!J 0 0 0 0 Adopted as Amended William P. Edwards ~iDItiatOr E!J 0 0 0 0 Defeated Daniel C. Ross Voter E!J 0 0 0 0 Tabled Thomas H. Wickham Voter E!J 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 E!J Scott Russell Voter .. E!J 0 0 0 2006-621 CATEGORY: DEPARTMENT: Employment - Town Assessors Appuint Carol Stares to the Position of Part-Time Clerk-Typist In the Assessors Office. RESOLVED that the Town Board of the Town of Southold hereby appoints Carol Stares to the position of Part-Time Clerk- Tvoist in the Assessors Office at a rate of $11.41 per hour not to exceed 17 Yz hours per week, effective July 31, 2006. ./. Vote Record ~ResolutioD 2006-621 Ye:_~~Y_e: NolNay Abstain Absent E!J Adopted ~~~~p~~}r~ L,Y~t~ E!J 0 b 0 0 Adopted as Amended William P. Edwards Voter E!J 0 0 0 0 Defeated Daniel C. Ross Initiator E!J 0 0 0 0 Tabled Thomas H. Wickham . Seconder E!J 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 E!J Scott RusselI Voter E!J b 0 0 2006-622 CATEGORY: DEPARTMENT: Employment - Town Accounting Appoint Heather Cusack From the Department of Civil Service List of Eligibles to the Permanent Position of Environmental Technician for the Trustee Department Page 9 July 25, 2006 Town of Southold Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby appoints Heather Cusack from the Department of Civil Service list of elil!ibles to the permanent position of Environmental Technician for the Trustee Department, effective July 14, 2006, at a rate of $56,241.90 per annum. ~te Record - Resoludon 2006-'22 o Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn Albert Krupski Jr. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Yes/Aye ~~(N~y Abstain Absent Voter 0 0 0 0 Voter 0 0 0 0 Seconder 0 0 0 0 Initiator 0 0 0 0 Voter 0 0 0 0 Voter 0 0 0 0 2006-623 CATEGORY: DEPARTMENT: Budget Modification Assessors ModifY the 2006 Whole Town, General Fund Budget - Assessors RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 Whole Town. General Fund bude:et as follows: To: A.1355.1.200.1 00 Board of Assessors Part-Time Employee Regular Earnings $4000.00 From: A.l ,.55.1.300.1 00 Board of Assessors Seasonal Employee Regular Earnings $4000.00 .tVoteReeord,. ResolutioaZOO6-623 X~Ay~ J'Ill)/NII:Y Abstain Absent 0 Adopted .~I~}~!,:~p~~iJr~ Initiator 0 0 0 0 . .I<j... 0 0 Adopted as Amended William P. Edwards Seconder 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham ~Y:'?tc;r 0 0 0 0 0 Withdrawn Louisa p, Evans Voter 0 0 0 0 Scott Russell Voter I<j 0 0 0 2006-624 CATEGORY: DEPARTMENT: Bid Acceptance Town Clerk Accept the Bid of Donald Grim In the Amount of $10.00 to Purchase a Panco Warming Oven (Surplus Page 10 July 25, 2006 Town of South old Board Meeting Minutes Equipment) From the Human Resource Center RESOLVED that the Town Board of the Town of South old hereby accepts the bid of Donal Grim in the amount of $10.00 to purchase a Panco Warminl!: Oven (surplus equipment) from the Human Resource Center, all in accordance with the Town Attorney. ~. ..t Vote Record. Resolution 2~24 ,Y~~AYf, :l'J~~IlY Abstain Absent Ii!! Adopted Albert Krul'sldJi. ,- Seconder Ii!! 0 0 0 0 Adopted as Ameoded WilliamP. Edwards "'initiator Ii!! 0 0 0 0 Defeated Daniel C. Ross Voter Ii!! 0 0 0 0 Tabled Tho'inas n. \Vickham Voter . ... Ii!! 0 0 0 0 Withdrawn -"i:oUiSap. E~ans-- Voter 0 0 0 Ii!! Scott"'Russeh Seconder Ii!! 0 0 0 2006-625 CATEGORY: DEPARTMENT: Employment - FIFD Accounting Appoint Matthew Lynch to the Position of a Full Time Deckhand for the Fishers Island Ferry District RESOLVED that the Town Board of the Town of South old hereby appoints Matthew Lvnch to tlte position of a Full Time Deckhand for the Fishers Island Ferry District, effective July 6, 2006, at a rate of $12.73 per hour. ./' Vole Reeord - Resolution 2006-025 Ii!! Adopted o Adopted as Ameoded o Defeated o Tabled o Withdrawn Albert Krupski Jr. William P. Edwards Daniel C. Ross Thomas A.- Wickharrl Louisa P. Evans Scott Russell Voter 'Voter 'tnitiator ''''i:feconder 'rY~t€:i Voter Y_e.sJ_tt.Y_f, l'Ii()fNay Abstain Absent Ii!! 0 0 0 Ii!! 0 0 0 Ii!! 0 0 0 Ii!! 0 0 0 0 0 0 Ii!! Ii!! 0 0 0 2006-626 CATEGORY: DEPARTMENT: Misc. Public Hearing Land Preservation Set Tuesday, August 8,2006, At 8:05 P.M, Southold Town Hall, 53095 Main Road, Southold, New York As the Time and Place for a Public Hearingfor the Purchase of Open Space on Property Owned by J & C Holdings LP (Hurtado RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of South old hereby sets Tuesdav. AUl!:ust 8. 2006. at 8:05 p.m.. Southold Town HalL 53095 Main Road. Southold. New York as the time and Page 11 July 25, 2006 Town of Southold Board Meeting Minutes place for a public hearinl!: for the purchase of open space on property owned bv J & C Holdinl!:s LP (Hurtado). Said property is identified as SCTM #1000-57-1-43. The address is 450 Albacore Drive, Southold, New York, and is located on the southerly side of Albacore Drive approximately 320 feet from the intersection of Main Road (Route 25) and Albacore Drive in Southold in the R-40 zoning district. The proposed acquisition is for fee title and is approximately 0.48 acre (subject to survey). The property has been offered for sale to the Town of Southold as open space. The purchase price is $5,000.00 (five thousand dollars). The property will be acquired using Town open space funding. The seller may claim a bargain sale. The property should be preserved due to its significant wetlands. The purchase of the acquisition is for the preservation of open space to allow for the natural drainage pattern to continue in this area. As rer Chapter 117 (Transfer of Development Rights) of the Code of the Town of South old, Section 117-5, the Land Preservation Coordinator and the Town Board have reviewed the acquisition and have determined that sanitary flow credits will not be transferred from this property. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel ofland is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. 0/ Vote Retrird ;"Relolutitm2006-626 Ii'! Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn -. Albert Krupski Jr. William P. Edwards Daniel C. Rl?ss Thomas H. Wickham T.o'uisa'p. Evan's'"'' Sccitd~.usseIj Voter Voter Seconder Initiator ; Voter Voter '!~~_Yf! Ii'! Ii'! Ii'! Ii'! o Ii'! ~~.I~~y o o o o o o Abstain o o o o o o Absent o o o o Ii'! o 2006-627 Page 12 July 25, 2006 Town of South old Board Meeting Minutes CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the Douglas Moore Memorial Music Festival to Close Case's Lanefor Its 27Th Annual Concert on the Cutchogue Village Green, on Saturday, August 12, 2006 RESOLVED that the Town Board of the Town of Southold hereby I!:rants permission to the Doul!:las Moore Memorial Music Festival to close Case's Lane adiacent to the Villal!:e Green. for its 2ib Annual Concert on the Cutchol!:ue Villal!:e Green. on Saturdav. AUl!:ust 12.2006. from 5:00 PM to 10:00 PM provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley within ten (10) days of the approval of this resolution to coordinate traffic control. .;' Vote Record - Resolution 2~27 Yes/Aye NOlNay Abstain Absent 6'1 Adopted Albert KlUpsId Jr. Initiator 6'1 0 0 0 0 Adopted as Amended William P. Edwards Voter 6'1 0 0 0 0 Defeated Daniel C. Ross Voter 6'1 0 0 0 0 Tabled Thomas H. Wickham Seconder 6'1 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 6'1 Scott Russell Voter 6'1 0 0 0 2006-628 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grar.t Permission to the Cooley's Anemia Foundation to Use Town Roads for Its Fifth Annual Bike-A- Thon on Saturday, September 30, 2006 RESOLVED that the Town Board of the Town of South old hereby I!:rants permission to the Coolev's Anemia Foundation to use the followinl! roads in Southold Town: Sound Avenue from Riverhead Town line to Orient Point: Alvah's Lane. Cutchol!:Ue: and Moore's Lane. Greomport for its Fifth Annual Bike-A- Thon on Saturdav. September 30. 2006, beginning in Riverhead Town at 7:30 AM, provided they file with the Town Clerk a One Million Dollar Certificate ofInsurance naming the Town of South old as an additional insured and notify Capt. Flatley within ten (10) days of the approval of this resolution to coordinate traffic control. Page 13 July 25, 2006 TOVln of Southold Board Meeting Minutes "Voto R....rd 'Resolutioo2006-li28 -, Y~f.!!t:y~_ ,N,~!N:I'), Abstain Absent Ii! Adopted Albert~p~l~~~r_._ Seconder Ii! 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii! , 0 0 0 0 Defeated Daniel C. Ross L,Y~!,~ Ii! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii! 0 0 0 0 Withdrawn Louisa P. Evans lY~t~_: 0 0 0 Ii! Scott Russell Voter Ii! "'" 0 0 0 2006-629 CATEGORY: DEPARTMENT: Employment - FIFD Accounting Appoint Kelly Booker to the Position of a Seasonal Clerkfor the Fishers Island Ferry District RESOLVED that the Town Board of the Town of South old hereby appoints Kellv Booker to the position of a Seasonal Clerk for the Fishers Island Ferry District, effective from July 18, 2006 until October 30, 2006, at a rate of $ 11.00 per hour. 0/ Vote ReconJ.RtIolution2006-629 Ii! Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn Albert Krupski Jr, William P. Edwards Daniel C. Ross 'Thomas H.Wicldlam Louisa P. Evans Scott Russell Voter Voter Initiator '" -- Seconder Voter Voter y~s!~y_~ ~~~~Y Abstain Absent Ii! 0 0 0 Ii! 0 0 0 Ii! 0 0 0 Ii!' 0 0 0 0 0 0 Ii! Ii! 0 0 0 2006-630 CATEGORY: DEPARTMENT: Employment - Town Accounting Establish a Salary Scale for Caseworker Trainee RESOLVED that the Town Board of the Town of Southold hereby establishes the annual rate of pav for Caseworker Trainee as follows: Effective Date/ Step January I, 2006 January 1,2007 Entrv Level 41,233.35 42,779.60 ! 41,586.68 43,146.18 1 41,940.01 43,512.76 J. 42,293.34 43,879.34 ~ 42,646.67 44,245.92 ~ 43,000.00 44,612.50 Page 14 July 25, 2006 Town of South old Board Meeting Minutes -/.VoteRecord;'ReS()llIti<<tD~ Xl:!~~Y~.... N~!N~Y Abstain Absent ItI Adopted ~^~M~p^s,k,~,!!: Voter ItI 0 0 0 0 Adopted as Ameoded WilliamP. Edwards Voter Iii... 0 0 tJ 0 Defeated Daniele. Ross r-SecoD,t'er .1tI. tJ 0 0 0 Tabled Thomas H. Wickham ""initiator ItI 0 0 0 0 Withdrawn Louisa p, Evans :,,\,otc:r i:j 0 0 ItI -S~ottRusseii Voter ItI tJ 0 0 2006-631 CATEGORY: DEPARTMENT: Employment - Town Town Clerk Appoint Michelle Martocchia to the Position of Secretary for the Historic Preservation Commission RESOLVED that the Town Board of the Town of Southold hereby appoints MicheUe Martocchia to the position of secretary for the Historic Preservation Commission, effective immediately through December 31, 2006, not to exceed five (5) hours per week in addition to her regular 35 hour work week, regardless of the number of committees she serves. .;' VOle Record - Resolution 2006-631 ItI Adopted o Adopted as Ameoded o Defeated o Tabled o Withdrawn 2006-632 CATEGORY: DEPARTMENT: Albert Krupski Jr. William P. Edwards banielc. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Initiator r-$;;onct'er Vota Voter Voter Voter Yes! Aye ItI ItI o ItI o ItI Abstain o o o o o o Absent o o o o ItI o N~!NJlY o o o o o o Budget Modification Human Resource Center Modify the 2006 General Fund, Whole Town Budget RESOLVED that the Town Board of the Town of South old hereby modifies the 2006 General Fund. Whole Town bud2et as foUows: From: AImropriations A.6772.1.200.100 To: Appropriations A.6772.1.100.200 Programs for the Aging Part Time Earnings $ 4000.00 Full Time Employees $ 4000.00 Page 15 July 25, 2006 Town of Southold Board Meeting Minutes Overtime Earnings ;;"Vote Reeord..R.e:soludO)i 2006-632 Y~sf~ye .N.()~~y. Abstain Absent iii Adopted Aj"ertI<ropskiJr. Voter iii 0 0 0 0 Adopted as Amended William P. Edwards Initiator iii 0 0 0 0 Defeated Daniel C. Ross Seconder iii 0 0 0 0 Tabled 'Thomas H.' wickham Voter iii 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 iii 'Sc'ott Russell .. ----- -~ Voter iii 0 0 0 2006-633 CATEGORY: DEPARTMENT: Budget Modification Town Clerk ModifY the General Fund Whole Town 2006 Budget RESOLVED that the Town Board of the Town of South old hereby modifies the General Fund Whole Town 2006 Bud2et as follows: To: A.l 010.4.400.300 Town Board, C.S. $3,900.00 Printing From: A.1990.4.1 00.1 00 Contingencies $3,900.00 Unallocated Contingencies ". VOlcRecord':'-ResolutioD 2Q06..633 Yes/Aye ,l'Il,l.l!!'i.~y Abstain Absent iii Adopted Albert Krupski Jr. Voter iii 0 0 0 0 Adopted as Amended William P. Edwards Voter iii 0 0 0 0 Defeated Daniel C. Ross Initiator iii 0 0 0 0 Tabled Thomas H. Wickham '''S.econder ~ . 0 0 0 0 Withdrawn Lo~i~'a'P'~"E;ans 0 0 . 0 iii Voter Scott Russell Voter iii 0 0 0 2006-634 CATEGORY: DEPARTMENT: Attend Seminar Town Clerk Grar.t Permission to Town Clerk Elizabeth Neville to Attend the 2006 Master Municipal Clerks Institute At Cornell University, Ithaca RESOLVED that the Town Board of the Town of Southold hereby 2rants permission to Town Clerk Elizabeth Neville to attend the 2006 Master Municipal Clerks Institute at Cornell Page 16 July 25, 2006 Town of Southold Board Meeting Minutes University. Ithaca. New York. on Julv 25-27 . 2006. All expenses for registration, travel and lodging to be a legal charge to the 2006 Town Clerk budget A.1410.4.200 & 300. ./ Vote Record - Resolution 2~ ItI Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn Albert Krupski Jr" William P. Edwards . Danicic.Ross ThomaS H:\Vickham Louisa P. Evans'" Scott Russell Yes/Aye Nl:tfN~Y Abstain Absent Voter ItI 0 0 0 Seconder ItI 0 0 0 Voter ItI 0 0 0 Initiator ItI 0 0 0 Voter 0 0 0 ItI Voter ItI 0 0 0 2006-635 CATEGORY: DEPARTMENT: Seqra Land Preservation Find No Significant Impact on the Environment and Declares a Negative Declaration Pursuant to SEQRA Rules and Regulations for the Purchase of Development Rights Easement of Shur. WHEREAS, the Town Board of the Town of South old wishes to purchase a development rights easement on a certain parcel of property owned Randy Scott Shur and Angela Shur, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-94-3-1.6. The address is 4050 Soundview Avenue, Mattituck, New York, and is located at the end of Soundview Avenue, approximately 3263 feet easterly from the intersection ofSaltaire Way and Sound View Avenue in Mattituck in the A-C zoning district. The proposed acquisition is for a development rights easement of approximately 13010 acres (subject to survey) on the 17010 acre parcel. The exact area of the development rights easement is subject to a Town-provided survey acceptable to the Land Preservation Committee. The purchase price for the easement is $58,000 (fifty-eight thousand dollars) per buildable acre; now, therefore, be it RESOLVED by the Town Board of the Town of South old that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further Page 17 July 25, 2006 Town of South old Board Meeting Minutes RESOLVED by the Town Board of the Town of South old that the Town of South old is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and, be it further RESOLVED that the Town Board of the Town of Southold hereby fmds no sil!Bificant imDact on the environment and declares a nel!ative declaration Dursuant to SEQRA Rules and Relrlllations for this action. '/Vote Record ..ResolutiOD2~5 Ii! Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn Albert Krupski Jr. William P. Edwards Daniel 'C':"'ROSS Thomas'H. 'Wickham Louisa P. Evans Scott Russell Ye.sf~Ye. ~~!NllY", "" Abstain Absent itiator Ii! 0 0 0 onder Ii! 0 0 0 Voter Ii! 0 0 0 Voter Ii! 0 0 0 Voter 0 0 0 Ii! Voter Ii! 0 0 0 2006-636 CATEGORY: DEPARTMENT: Budget Modification Public Works ModifY the 2006 General Fund Whole 2006 Town Budget - Roller Hockey Rink Re-Surfacing RESOLVED that the Town Board ofthe Town of Southold hereby modifies the 2006 General Fund Whole 2006 Town budl!et as follows: To Revenues: A.2025.00 Special Recreation Facilities Park & Playground $15,000 To ADDroDriations: A. 1620.2.500.825 Building & Grounds Cochran Park Imprvernents Roller Hockey Rink $15,000 Page 18 July 25, 2006 Town of South old Board Meeting Minutes ';-.V...R...rd-R.IIOlutloIl2006-636 Y~sjAY~ N~(N~y Abstain Absent 0 Adopted . .!\,~~,~,,~J?ski}r~ Initiator 611 0 0 0 0 Adopted as Amended William P. Edwards Seconder .Ii!i.. 0 0 0 0 Defeated Daniel C. Ross LY()~l?l_ 611 0 0 0 611 Tabled 0 Withdmwn Thomas-H. Wickham ;_Yl:)t~ i;>J 0 0 0 Next: Aug 8, 2006 7:30 PM Louisa P. Evans 1 Voter 0 0 0 i;>J Scott Russell Voter i;>J 0 0 0 2006-638 CATEGORY: DEPARTMENT: Budget Modification Town Clerk ModifY the 2006 Solid Waste Management District Budget RESOLVED that the Town Board of the Town of South old hereby modifies the 2006 Solid Waste Mana2ement District bud2et as follows: TO: Appropriations SR.8160.4.100.120 SR.8l60.4.100.610 SR.8160.4.100.800 SR.8160.4.100.995 SR.8l60.4.400.600 SR.8l60.4.400.625 SR.8160.4.400.700 SR.8160.4.600.300 FROM: ApJ:'ropriations SR.8160.4.100.525 SR.8160.4. 1 00.566 SR.8160.4.100.645 SR.8160.4.400.675 SR.8160.4.400.805 SR.8160.4.400.820 SR.8160.4.450.300 Employee Work Gear Maint/Supply Forklift Maint. - Facilities/Grounds Signage Scale Maintenance Tire Repair Equipment Rental Travel Reimbursement Tires Maint/Cat Quarry Truck Maint/Fire Truck Repairs 816B Compactor MSW Removal Plastic Recycling Informational Brochures $ 500.00 500.00 17,500.00 1,000.00 1,000.00 1,000.00 1,000.00 2,000.00 $ 4,000.00 2,000.00 2,000.00 2,500.00 7,500.00 5,000.00 1,500.00 .,-- Vote Record- Resolution Z0(t6.;6J8 Y~~(AY_~ ~()!NIIY_ Abstain Absent i;>J Adopted A,lbeItKrupskiJr. Initiator i;>J 0 0 D 0 Adopted as Amended William P. Edwards L~~()tl~~ i;>J 0 0 0 0 Defeated Daniel C. Ross LY()~ i;>J 0 0 0 0 Tabled Thomas H. Wickham Voter i;>J 0 0 0 0 Withdrawn Louisa P. Evans Voter D 0 0 i;>J Scott Russell Voter i;>J 0 0 0 Page 19 July 25, 2006 Town of South old Board Meeting Minutes 2006-639 CATEGORY: DEPARTMENT: Retirement/Resignation Accounting Resignation Victor L 'Eplattenier, Site Plan Review RESOLVED that the Town Board of the Town of Southold hereby acceDts the resilmation of Victor L'EDlattenier from the Dosition of Dart-time Site Plan Reviewer in the Plannin!! DeDartment, effective September 1, 2006. ./ Vote Record ~ Resolution 20()6.;639 Ii'! o o o o Adopted Adopted as Amended Defeated Tabled Withdrawn Albert Krupski Jr. William P. Edwards Daniel C. Ross Thomas Ii-Wickham Louisa P. Evans Scott Russell : Voter Voter Initiator Seconder Voter Voter ~~_s!~y~ Ii'! .~. Ii'! Ii'! o Ii'! N:o/Nay o o o o o o Abstain o o o o o o Absent o o o o Ii'! o 2006-640 CATEGORY: DEPARTMENT: CloselUse Town Roads Town Clerk Grant Permission to the Bicycle Show U. S./ American Red Cross to Use the Following Roads for Its Third Annual North Fork Century Ride on Sunday, August 27, 2006 RESOLVED that the Town Board ofthe Town of Southold hereby !!rants Dermlssion to the Bicvcle Show U. S.! American Red Cross to use the followin!! roads for its Third Annual North Fork Century Ride on Sunday. Au!!ust 27. 2006. beginning at 6:30 AM: beginning in Greenport heading west to Riverhead then looping back into Southold Town going to Orient State Park then back to Greenport: Moore's Lane, Sound View Avenue, Sound View Avenue Extension, Lighthouse Road, Soundview Avenue, Hortons Lane, North Sea Drive, Kennys Road, Mill Road, Bridge Lane, Oregon Road, East Mill Road, Reeve Road, Grand Avenue, Wickham Avenue, Westphalia Avenue, Cox Neck Road, Bergen Avenue, Sound Avenue, Peconic Bay Blvd., Bay Avenue, New Suffolk Avenue, Main Street, Kimogenar Point, Jackson Street, New Suffolk Beach, First Street, Orchard Street, Fifth Street, Chapel Lane, Village Lane, King Street, and ;\larrow River Road, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley within ten (10) days of the approval ofthis resolution to coordinate traffic control. Page 20 July 25, 2006 Town of South old Board Meeting Minutes ;;'VoteReeord,;,RelOltitioD20Q6..640 :v.~s1Aye. ~~IN~Y Abstain Absent ItI Adopted . Albert KrupskiJr. Voter ItI 0 0 0 0 Adopted as Amended William P. Edwards ."'Voier [~I d 0 0 0 Defeated Daniel C. Ross Seconder ItI 0 0 0 0 Tabled Thomas H. Wickham . "-InItiator ItI 0 0 0 ........ 0 Withdrawn Louisa P. Evans '"Voter 0 0 0 ItI Scott Russell Voter .ft! 0 0 0 2006-641 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Clerk Authorize and Direct Supervisor Scott A. Russell to Execute an Indemnity Agreement for New York State Department of Transportation RESOLVED that the Town Board of the Town of South old hereby authorizes and directs Supervisor Scott A. Russell to execute an indemnity al!reement for New York State Department of Transportation concerning permits issued by the New York State Department of Transportation to the Town of Southold to temporarily obstruct, install, construct, maintain, operate or replace any facilities with the bounds of a State highway right-of-way, all in accordance with the approval of the Town Attorney. ./ Vote Record ~ Resolution 2006-641 :v.~Aye ~,f),~a)' Abstain Absent ItI Adopted All>ert KrupskiJr, Initiator ItI 0 0 0 0 Adopted as Amended William P. Edwards Voter ItI 0 0 0 0 Defeated Daniel C. Ross Seconder Ii'! 0 0 0 . 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 Ii'! Scott Russell Voter ItI 0 0 0 2006-642 CATEGORY: DEPARTMENT: Employment - Town Police Dept Appoint Colleen Vanhoy, Christopher Macdowell and Donna Klug to the Position of Public Safety Dispatcher Ifor the Police Department RESOLVED that the Town Board of the Town of South old hereby appoints the followinl! individuals to the position of Public Safety Dispatcher I for the Police Department, effective August 8, 2006, at a starting salary of $40,344.02 per annum: Colleen Vanhoy Christopher Macdowell Page 21 July 25, 2006 Town of South old Board Meeting Minutes Donna KIug -/ Vote Record :';'ReSolutiOD2tlO6-,642 Ii!! Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn Albert Krupski Jr. William P. Edwards Daniel C. Ross " Thomas".f Wickham Louisa P. Evans Scott Russell Voter Initiator Voter Seconder o_Y()t~ Voter 2006-643 CATEGORY: DEPARTMENT: Close!Use Town Roads Town Clerk Grant Permission to the Southold Yacht Club to Park Overflow Vehicles In the Parking Lot At Goose Creek Beach During Three (3) of the Club's Social Functions on July 28, August 19 and August 20, 2006 RESOLVED that the Town Board of the Town of South old hereby erauts permission to the Southold Yacht Club to park overflow vehicles in the town's parkine lot at Goose Creek Beach durine three (3) ofthe Club's social functions on Julv 28. Aueust 19 and Aueust 20. 2006, and these vehicles shall be exempt from the Southold Town parking fees on those dates provided the cars are displaying a special Southold Yacht Club Parking Permit and the yacht club contacts Captain Martin Flatley immediately for instructions for the proper placement of the permits. -/ Vote Record ~Resolution 2006-643 Yli!~~Y~ ,N~.~lI:Y Abstain Absent Ii!! Adopted }\jbertKrupsI<iJ,. . Voter Ii!! 0 0 0 0 Adopted as Amended WilliamP. Edwards Voter Ii!! 0 0 0 0 Defeated Daniel C. Ross rIlliiiator Ii!! 0 0 0 0 Tabled Thomas H. Wickham . Seconder Ii! 0 0 0 0 Withdrawn Louisa P. Evans 'Voter 0 0 0 Ii! Scott Russell Voter Ii! 0 0 0 2006-644 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Attorney Set August 9Th, 2006, 1:45 P.M., At the Fishers Island School As the Time and Place of a Public Hearing on a Proposed Local Law Entitled "A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of that Portion of SCTM #1000-9-8-2 Presently Zoned As M-II, As Well As SCTM #1000-9-8-3.4, From M-II to R-40" Page 22 July 25, 2006 Town of Southold Board Meeting Minutes WHEREAS, the Town Board of the Town of South old has been presented with a proposal by the Land Preservation Committee with a plan to preserve 2.4:!: acres of waterfront land on Fishers Island in the R-80 zone identified as a portion ofSCTM #1000-9-8-2; and WHEREAS, the subject property is split zoned, with the remaining 0.9 acres of the property, as well as the adjacent property, SCTM #1000-9-8-3.4, zoned as M-II; and WHEREAS, in connection with this preservation opportunity it has been proposed that the Town rezone the remaining portion of SCTM #1000-9-8-2 as well as SCTM #1000-9-8-3.4 from M-Il to R-40; and WHEREAS, rezoning of the subject sites as residential is consistent with the existing and surrounding uses of the properties and the neighborhood; and it is therefore RESOLVED, that the Town Board of the Town of South old is considering the change of zone of the remaining portion ofSCTM #1000-9-8-2 that is not to be preserved as well as SCTM #1000-9-8-3.4 from M-II to R-40 on its own motion; and it is further RESOLVED, that the Town Board of the Town of South old requests the Planning Board to prepare a report and recommendations on the proposed rezoning; and it is further RESOLVED, that the Town Board authorizes the Supervisor to retain the services of L.K. McLean Associates to perform a SEQRA review on the proposed zone changes; and it is further RESOLVED, that the Town Clerk of the Town of South old is directed to forward the matter to the Suffolk County Planning Commission for review and recommendation; and it is further RESOLVED, that pursuant to the requirements ofNYS Town Law and the Code of the Town of Southold, Suffolk County, New York, the Town Board of the Town of Southold will hold a public hearinl! on a proposed Local Law entitled "A Local Law to amend the Zoninl! Map Page 23 July 25, 2006 Town of Southold Board Meeting Minutes of the Town of Southold by Chanein!! the Zonin!! Desil!Uation of that portion of SCTM #1000-9-8-2 presently zoned as Moll. as well as SCTM #1000-9-8-3.4. from M-I1 to R-40" at the Fishers Island School, Winthrop Drive, Fishers Island, New York, at I :45 p.m. on August 9, 2006. The proposed rezonings, if adopted, shall be conditioned upon the closing of the contract permanently to preserve the portion ofSCTM #1000-9-8-2 currently zoned as R-80, the filing of covenants and restrictions limiting the size of any dwelling on the remaining unpreserved portion of that property to be rezoned to the size of the footprint of the existing building on that site (1,296 ft.), as well as limiting the building height to 28 feet with a deck permitted but limited to 10 fcet by 35 feet, and with no detached accessory structures permitted. The rezonings shall revert to their prior zoning classifications if the preservation contract closing does not occur within two years of the enactment of this Local Law. The petitioner for this request is the Town Board of the Town of South old. The properties are approximately 0.9 and 0.44 acres, respectively, and are located off of Reservoir Road on Fishers Island. '" Vote Record . ResolutioD2~4 ves/Aye l'Il~!Nl:lY Abstain Absent Ii! Adopted AlbertKrupski Jr. .. Voter Ii! 0 0 0 tJ .. 0 Adopted as Amended William P. Edwards Voter Ii! 0 0 0 Defeated Daniel C. Ross Seconder Ii! 0 0 0 0 Tabled Thomas H. Wickham Initiator Ii! 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 ~. Scott Russell Voter Ii! 0 0 0 2006-645 CATEGORY: DEPARTMENT: Misc. Public Hearing Land Preservation Set Wednesday, August 9,2006, At 1:50 P.M., Fishers Island School, Winthrop Drive, Fishers Island, New York As the Time and Place for a Public Hearingfor the Purchase of Open Space on Property Owned by FITF. LLC RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Wednesday. Au!!ust 9. 2006. at 1:50 p.m.. Fishers Island School. Winthrop Driye. Fishers Island. New York as the time and place for a public hearin!! for the purchase of open space on property owned by FITF. LLC. Said property is identified as SCTM #1000-9-8-2. The address is Reservoir Road at Silver Eel Cove, Fishers Island, New York, and is located approximately 500 feet from the intersection of Reservoir Road and Page 24 July 25, 2006 Town of South old Board Meeting Minutes Winthrop Drive on Fishers Island in the R-80 and MIl zoning districts. The proposed acquisition is for fee title for approximately :1:2.4 acre (subject to survey) ofthe :1:3.29 acre parcel that is located within the R-80 zoning district and subject to FITF, LLC obtaining subdivision approval to separate the R-80 portion of the lot the Town is to purchase from the MIl portion of the property. The acquisition is also subject to limitations (covenants & restrictions) being placed on the remaining :1:0.89 acre portion of the property that is currently in the MIl zoning district regarding its future use. The property has been offered for sale to the Town of Southold as open space waterfront property. The purchase price is $770,000.00 (seven hundred seventy thousand dollars). The seller may claim a bargain sale. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its exceptional scenic value and undeveloped beachland and shoreline. The purchase of the acquisition is for the preservation of open space and falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, preservation and protection of open spaces and scenic values, and undeveloped beachlands and shorelines. As rer Chapter 117 (Transfer of Development Rights) of the Code of the Town of South old, Section 117-5, the Land Preservation Coordinator and the Town Board have determined that no Sanitary Flow Credits are available from this purchase being that the property is located on Fishers Island. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel ofland is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Page 25 July 25, 2006 Town of Southold Board Meeting Minutes ~ Vote Record - Resoludou 2006-645 Ii! Adopted o Adopted as Ameoded o Defeated o Tabled o Withdrawn J~)~l:2:1;.~p~IciJ~. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Initiator Seconder ;_Y()t~ Voter Voter , Voter 2006-646 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk X~~y~_ Ii! Ii! Ii! Ii! o Ii! N~-'N!lY o o o o o o Abstain o o o o o o Absent o o o o Ii! o Rescind Resolution #206 of2005 and Appoint Members to a Scavenger Waste Facility Committee RESOLVED that the Town Board of the Town of South old hereby rescinds resolution no. 206 of 2005. by which the Town assumed lead agency for the decommissioning of the Scavenger Waste Facility and adopted a Negative Declaration pursuant to SEQRA for that proposed project; and be it further RESOLVED that the Town Board hereby declares its intention to establish, with the Board of Trustees of the Village of Greenport, a committee consisting of four (4) people to be determine the scope and procedure for the decommissioning of the Scavenger Waste Facility; and be it further RESOLVED that the Town and the Village shall each appoint, and continue to appoint, in the event of vacancy, two members of such committee; and be it further RESOLVED that the Town Board hereby appoints Supervisor Scott A. Russell and Councilman Daniel Ross as the two members to represent the Town of Southold. ..r:VoteReeord- Resolution 2()06;.646 Ii! Adopted o Adopted as Ameoded o Defeated o Tabled o Withdrawn Albert Krupski Jr. William P. Edwards- Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Votet Voter Initiator Seconder Voter Voter Yes/Aye Ii! Iti Ii! Ii! o Ii! N~fNllY o o o o o o Abstain o o o o o o Absent o o o o Ii! o Page 26 July 25, 2006 Town of Southold Board Meeting Minutes 2006-647 CATEGORY: DEP.4RTMENT: Policies Town Clerk Adopt the Town of Southo/d Affordable Housing Programs Policies and Procedures Dated July 2006 RESOLVED the Town Board of the Town of Southold hereby adopts the Town of Southold Affordable Housinl! Prol!rams Policies and Procedures dated July 2006. .t Vote Record ~ Resolutioo2006--647 ~"'~ YeslAy. Jr~l),~ay, i Abstain Absent 6'1 Adopted 'Kibeit' Krup~Ici, !r: Voter 6'1 0 0 0 0 Adopted as Amended William P. Edwards Seconder 6'1 0 0 0 0 Defeated Daniel C. Ross Initiator 6'1 0 0 0 0 Tabled Thomas H. Wickham Voter 6'1 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 i 0 6'1 Scott Russell Voter 6'1 0 0 0 2006-648 CATEGORY: DEPARTMENT: Strawberry Fields Town Clerk Grant Permission to the Greek Orthodox Church to Use Strawberry Fields on Friday, September 1 Thru Sunday, September 3, 2006 RESOLVED that the Town Board of the Town of South old hereby I!rants Dermission to the Greek Orthodox Church to use Strawberry Fields on Fridav. SeDtember 1 thru Sundav. SeDtember 3. 2006 beginning at 8:00 AM provided that approval is granted by the appropriate town agencies and they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold and the County of Suffolk as an additional insured and notify Capt. Flatley within ten (10) days of the approval of this resolution to coordinate traffic control. .t Vote Record -Resolution2Q06..648 X~~~y_~ NolNay Abstain Absent 6'1 Adopted Albert Krupski Je, --Voter 6'1 0 0 0 0 Adopted as Amended William P. Edwards L,$~Q~~~ 6'1 0 0 0 0 Defeated Daniel C. Ross Voter 6'1 0 0 0 0 Tabled Thomas H. Wickham --''iniii^ator 6'1 0 0 0 0 Withdrawn 'LOui^sawp: Evans Voter b 0 0 6'1 Scott Russell Voter 6'1 0 0 0 2006-649 CA1EGORY: DEPARTMENT: Contracts, Lease & Agreements Land Preservation Elect to Purchase a Development Rights Easement on Agricultural Land Owned by Randy Scott Shur and Page 27 July 25, 2006 Town of Southold Board Meeting Minutes Angela Shur WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by Randy Scott Shur and Angela Shur on the 25th day of July, 2006, pursuant to the provisions of Chapter 70 (Agricultural Lands Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-94-3-1.6. The address is 4050 Soundview Avenue, Mattituck, New York, and is located at the end of Soundview Avenue, approximately 3263 feet easterly from the intersection of Saltaire Way and Soundview Avenue in Mattituck in the in A-C zoning district; and WHEREAS, the proposed acquisition is for a development rights easement of approximately 13::1: acres (subject to survey) on the 17::1: acre parcel. The exact area of the development rights easement is subject to a Town-provided survey acceptable to the Land Preservation Committee; and WHEREAS, the purchase price for the easement is $58,000 (fifty-eight thousand dollars) per buildable acre; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the L WRP Coordinator has determined that this action is consistent with the L WRP; and Page 28 July 25, 2006 Town of South old Board Meeting Minutes WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultura1land; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development ril!hts easement on al!riculturalland owned bv Randv Scott Shur and Anl!ela Shur. pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Al!ricultural Lands Preservation) of the Code of the Town of Southold. Said property is identified as part ofSCTM #1000-94-3-1.6. The address is 4050 Soundview Avenue, Mattituck, New York, and is located at the end of Soundview Avenue approximately 3263 feet easterly from the intersection of Saltaire Way and Soundview Avenue in Mattituck in the A-C zoning district. The development rights easement is approximately 13:1: acres (subject to survey) on the 17:1: acre parcel. The exact area of the development rights easement is subject to a Town- provided survey acceptable to the Land Preservation Committee. The purchase price for the easement is $58,000 (fifty-eight thousand dollars) per buildable acre. 0/ Vote Record M.ResolutiOD 2006-649 yes/Aye N~~.llr Abstain Absent 11'1 Adopted Albert KIUpstcl ir,' Voter 11'1 0 0 ! 0 0 Adopted as Amended wil'iiiunp.Edwalus Voter 11'1 0 0 0 0 Defeated Daniel C. Ross Seconder 11'1 0 0 " 0 0 Tabled Thomas J:-I~"Wickh~ Initiator 11'1 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 b 0 11'1 "" Scott Rus~eiC' Voter 11'1 0 0 0 VIII. Public Hearinl!s 1. Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and herebv is declared Recessed in order to hold a public hearinl!. .tVote Record - Motion to recess to Public Heariop' YeslAye ~~~ay, Abstain Absent A1bertKrupski k Voter 11'1 0 0 0 Ii!! Adopted Wi11iaJ11 P~IM~ . "Voier' Ii'i 0 0 0 0 Defeated Daniel C. Ross ," S~o~der Ii'i b b 0 0 Withdrawn Thomas H. Wickham Initiator 11'1 0 0 0 Louisa P. Evans LY~~~ 0 0 0 11'1 Scott Russell Voter 11'1 0 " 0 0 Page 29 July 25, 2006 Town of South old Board Meeting Minutes Public Hearing # 2 SET TUESDAY, JULY 25, 2006, AT 5:00 P.M., SOUTHOLD TOWN HALL, 53095 MAIN ROAD, SOUTHOLD, NEW YORK As THE TIME AND PLACE FOR A PuBLIC HEARING FOR THE PURCHASE OF A DEVELOPMENT RIGHTS EASEMENT ON A PORTION OF THE PROPERTY OWNED BY RANDy SCOTT SOUR AND ANGELA SHUR. COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN THAT pursuant to the provisions of Chapter 70 fIkIa Chapter 25 (Agricultural Lands) and Chapter 17 fIkIa Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesdav, July 25, 2006, at 5:00 p.m., Southold Town HaIL 53095 Main Road, SouthoId, New York as the time and place for a public hearine for the purchase of a development riehts easement on a portion of the propertv owned bv Randv Scott Shur and AneeIa Shur. Said property is identified as part of SCTM #1000-94-3-1.6. The address is 4050 Soundview Avenue, Mattituck, New York. The property is located at the end of Sound view Avenue, approximately 3263 feet easterly from the intersection of Salta ire Way and Sound View Avenue in Mattituck in the A-C zoning district. The proposed acquisition is for a development rights easement on approximately 13 to IS acres on the :1:17 acre parcel. The exact area of the purchase is subject to a Town provided survey acceptable to the Land Preservation Committee. The purchase price is $58,000.00 (fifty-eight thousand dollars) per buildable acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcd ofland is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have a notice in the file that this has appeared as a legal on the Town Clerk's bulletin board outside. It has also appeared as a legal in our local newspaper and I don't have any further documents on this proposal. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board regarding this acquisition? Tim Caulfield. TIM CAULFIELD: Good afternoon, my name is Tim Caulfield. I am with Peconic Land Trust and we are here in support of this acquisition on behalf of the Town. Melissa Spiro, the Town's Land Preservation Coordinator is away on vacation this week, so she asked me to be here to just provide a little bit of information and if there were any questions. I think she has left a map here which I can, if you give me a minute, just pull out. JOAN EGAN: Turn it around so everybody can see it. Page 30 July 25, 2006 Town of Southold Board Meeting Minutes MR. CAULFIELD: Well, I will describe where it is located. This is, actually the final survey turned out to be about 13.2 acres ofland. It is located in the westerly section of the Oregon Road farm belt. It is all prime agricultural soils, a beautiful farm. It is 100 % preservation that is being proposed. About half nursery stock right now and half row crops and as I said, again, it is about, it is going to be 100% preserved. It is immediately adjacent to other properties that the Land Preservation Committee has been working on and the Land Trust has been working with the Committee and with the land owners to provide a nice public, private conservation project here. The owners of the property are Randy and Angela Shur, they have been terrific to work with. They have been members of the community for many years. They have owned a business and owned this farm for many years and they have decided that they are going to move to North Carolina, they have purchased a farm in North Carolina and plan to set up a nursery and orchard in that area. They wanted to sell the property but respectful of the way they owned it and hoped that they could find a way to preserve it as they were selling it. They do need to sell the entire farm, so we are working with the Land Trust and the Town and we hope to do a simultaneous closing, where the Town buys all the development rights. The Land Trust will purchase the fee as we have done in a number of other projects working with the Town. We will be using the Peter J. Sharp fund, which is a revolving fund that we have set up specifically for the purpose of acquiring properties where the landowner needs to sell the entire farm and our purpose will be to get that farm back into production. The Committee, I know, is very excited about this project. The Land Trust is very excited about the project. It is not adjacent to immediately preserved land but it is in an area where we hope to create kind of the beginning of a nice assemblage. So we want to lend our support to this project and are pleased that it is up for acquisition. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on this 'icquisition? COUNCILMAN KRUPSKI: As the Town Board liaison to the Land Preservation Committee, I would just encourage the Town Board to approve this. SUPERVISOR RUSSELL: I want to thank Tim Caulfield and your group for all the work you did. I know this was an issue that, an acquisition that had a lot of little aspects to it that had to be worked out. Thank you for all your hard work. Can I get a motion to close? * * * * * Elizabeth A. Neville Southold Town Clerk Page 31 July 25, 2006 Town of South old Board Meeting Minutes ~VoteRecord - Public Htaring #2 X~~YIl .I'If~1N'IlY Abstain Absent A~~'ert KfUP,S~};':", Voter 1<1 0 0 0 0 Adjourned William P. Edwards Voter 1<1 0 d 0 Daniel C.Ross Seconder 1<1 0 0 0 1<1 Closed Thomas H. Wickham Initiator 1<1 0 0 0 Louisa P. Evans Voter 0 0 0 1<1 . ,....,~ ~r 0 0 0 Scott Russell Voter 9. Statement SUPERVISOR RUSSELL: That concludes all of the business that was on the agenda, now would anybody like to address the Town Board on any issue? Mr. Carlin? FRANK CARLIN: Frank Carlin, Laurel. Good evening ladies and gentleman of the Board. I have a funny way of leading into my issue, so don't mind me when I start here. Have you ever been into Penn Station? You will notice there are two signs, one on the right saying 'subways to Manhattan' and one on the left saying 'subways to Jamaica'. I, however, was looking for the one to come back to the Southold Town Board and that was eight months ago. But due to circumstances beyond my control, I was unable to do so. But so many people in this Town have came to me and said, Frank why don't you go back to the Town Board meetings? And so I am here tonight. Scott, you wondered why I didn't come back, it wasn't because I didn't like you. I always got along with you, you have done a good job. I voted for you and I will still vote for you. But I believe you are doing a good job. I had so many issues to put in priority I didn't know what to start with this evening. But the most important one was the animal shelter. It is amazing, 20 years in this Town and we haven't been able to build an animal shelter for these animals. Really amazing. You are the 7th Supervisor I stood before in this Town, Scott and nobody and no Board was able to build an animal shelter for these animals. We can find money to put up a transfer station for over $3.5 million. We can find money to buy the property at Camp Malloy for $2.5 million for preservation. We can find money to support the garbage disposal plant and the composting plant, which is my opinion that it is useless and I will get into that subject in the future. But we can't find or do or build an animal shelter. Mr. Wickham? COUNCILMAN WICKHAM: Yes, sir? MR. CARLIN: I am going to be addressing you on this issue tonight because you are in charge of getting this animal shelter built. Along with the Board. Let's do some history here. In 2001, Mr. Raynor donated $250,000 for this animal shelter, hoping that it might get built. In 2002, the Ryan Foundation came up with a plan of $1.25 million. Fine. It needed some fine adjustments but it went nowheres. 2004 and as we waited, the cost went up as we know. $1.25 million on a $1.5 million a couple more later, $2 million. Now it is up $3.5 million. But anyway in 2004 Mr. Richter, the Town Engineer made a statement in the paper saying that we are going to put a shovel to the ground in April. Josh Horton, when he was Supervisor, that same year told me in September, we are going to put a shovel to the ground in September. No action. You took over in 2004 and you right away said that we have to start from the beginning again. And we will have a plan within several weeks. Nothing. Bill Moore was on the Board, he had it up to here with it. He got off it. He resigned on that. He was on the animal shelter. John Romanelli was on the animal shelter, he had it up to here. He got off it because it was getting nowheres. And we are still nowheres. This is really a shame, that we can't get this animal shelter built. Really a shanle. You people ought to be ashamed of yourself. And, now wait a minute, don't start in Page 32 July 25, 2006 Town of Southold Board Meeting Minutes because I want to finish. You will have time to talk. I am telling you, Tom, it is awful. And now I understand you want to spend another $150,000 for a study? I am going to request from the Town Supervisor, I don't know if you will agree with this, as a taxpayer to give me in writing a full report since 2001 till now, 2006 in July, what money was spent on this animal shelter. As far as legal fees, as far as engineering, as far as architects, as far as planning and that what is left of the $250,000 ofMr. Ryan's money. I know it is in consignment, I know where it is at and I just about know how much but I just want to see how much this Board has paid attention of how much money was being spent for this animal shelter. We are playing this game like we did the McDonalds and the Burger King. Five years, bouncing it around. But finally and you were on it and you was opposing it, along with Linda Fletcher, the superstar of the environmentalists here and she took me on and she lost. And when she lost, she fled town. And I don't know where she is at now stirring the pot, but I wish she was back here. Maybe she would be on this one, in my favor. I hope. But it is disgusting. We can't get an animal shelter built in this Town for these animals. Whatever you say, I am not going to accept tonight, Tom. You can sit there and you can talk all night long because none of your excuses are going to convince me because what I said tonight is proof and I got more proof. I got proof here by letters that I wrote to the editors, I keep them. Here is two of them. I got records home back 20 years back. You are not going to talk your way out of it with me, Tom. I am not Mrs. Egan, I am not anybody else in this Town. When you come across Frank Carlin, you have got a problem. So the floor is yours. Do what you have got to do. And Helen, this one is for you. Do what you have got to do. COUNCILMAN WICKHAM: If you are not prepared to accept anything I say... MR. CARLIN: No, no, no, Tom. Because your word is, I don't accept it. COUNCILMAN WICKHAM: If you are not prepared to accept it... MR. CARLIN: But I will listen. COUNCILMAN WICKHAM: If you are not prepared to accept anything I say, I will speak to the rest of the audience. MR. CARLIN: You speak to the rest of the audience, but I will listen. COUNCILMAN WICKHAM: And today, the Town Board had a good discussion about the animal shelter and has made progress and we have agreed on the funds that we intend to put in place to build it, we agreed on a process to go forward to shrink the size of it, so that it will come within that budget. The last set of bids that went out exceeded the amount of money that we had budgeted for it and so we were unable to award those bids. Today we agreed on a process to go forward with it. I think we are, although there are differences of opinion among the Board members, I think we are in agreement that it is an important facility and we are going to move quickly on it. MR. CARLIN: Did you ever find out whatever happened to the $700,000 that Supervisor Horton had included one time in his budget? Is that still around or was that spent someplace? Page 33 July 25, 2006 Town of Southold Board Meeting Minutes COUNCILMAN WICKHAM: I don't know... MR. CARLIN: You remember, he had, he put, what was it a year ago or two years ago? He included in his budget $700,000 towards building the animal shelter. COUNCILMAN WICKHAM: I don't... MR. CARLIN: Was it ever there or was it there and did it disappear or what? COUNCILMAN WICKHAM: I don't know anything about that. MR. CARLIN: You don't know nothing about that but you was on the Board, though. COUNCILMAN WICKHAM: Yup. SUPERVISOR RUSSELL: Well, I will just address the finances. What we do have is $2.6 million that we had exercised as bonds. We have in the budget for this year, the amount of debt service that would be required for payments towards those bonds, it is about $225,000. I do think that if we can get within the $2.6 million range, we are financed to move forward. I have to concur with Tom, we had a long discussion on that today. Rather contentious, I will take responsibility for some of that, but I think that at the end of the discussion we had a firm sense as a Board of six people on where we need to go and how quickly we need to get there and I do think we have a renewed commitment to get this thing done quickly and as cost efficiently as possible. MR. CARLIN: Because you went through five plans already and you still are not nowhere. SUPERVISOR RUSSELL: I think we have a good, sound plan, it is just too big, too overly designed and too expensive but we did have, again, we developed a good, clear direction today on how to meet our fiscal challenges and at the end of a lot of rancor, we all came out with one firm forward direction and I hope we keep that momentum. MR. CARLIN: But uh, oh, another thing. Tom, you mentioned in this weeks paper that you are meeting with the North Fork Animal Shelter. North Fork Animal Shelter has nothing to do with the planning of the shelter. They don't own the shelter, it is owned by the Town, Town Board, if they want to give some information on some things but their decision about this roof should be there or that roof should be there has nothing to do with it. I mentioned this to Horton also. They should have nothing to do with building this animal shelter. It is not their shelter. It is the Town's shelter. It is your Board and you people decide on how the specifications are going to be and how it is going to be built and how much money is going to be spent on it. Not the North Fork Animal Shelter. They are only there for a contract and $150,000 and that is all they are there for. To run the animal shelter. Not to say how to build it, okay? So just get that out of our minds because that is what held it up four years ago at a work session at the Town Board. The Town Board was almost ready to go out for a bid, until somebody from the animal shelter stood Page 34 July 25, 2006 Town of South old Board Meeting Minutes up here and didn't like the plan. And it was discontinued. That is one of the reasons why it is where it is at now. It's a lot of nonsense. Let's get going with this thing. And this is only one issue I got. Man, I got plenty of them for you, Town Board. Do you want me back here, I am here. Thank you very much. SUPERVISOR RUSSELL: Thank you, Mr. Carlin. MR. CARLIN: You are welcome. SUPERVISOR RUSSELL: Pat? PAT MOORE: Boy, following Mr. Carlin is tough. I am here because I came about a year ago.... UNIDENTIFIED: Who are you? MS. MOORE: Oh, I am sorry. Pat Moore, I am here both as a resident of Southold and attorney in Southold. I came to this Board about a year ago and asked the Board to please look into the waiver merger law. There are many people that are being hurt by it on a daily basis. I have had two, every day I meet with people that give me one terrible, factual situation after another. And those that do chose to go to the Zoning Board keep getting denied and most recently I had two that the Board sat on the dais and said that truly is a hardship and then I hear later that it is denied. The Zoning Board is sending you a clear message. They don't want to deal with the waiver merger law until the Board acts and reviews the legislation. The courts have taken the language that you drafted, Mr. Wickham, I think you drafted it. That was not the way it was intended. I remember the transcripts. I read the transcripts of the hearings of when it was adopted, it has been completely morphed into something that it isn't. And at this point, I am begging you, your parents, your grandparents; I have applications of grandchildren who are trying to preserve their property and you as farmers know this, they are trying to preserve their property and they are being told that the properties have merged and when they seek relief from the only avenue that they know they can go to, the Zoning Board, they are being told no. And I don't know how else to beg this Board to please act on it very quickly. There are people who are in the nursing home, there are children that have to pay their parents medical bills. There are many cases like that and there are families that have held properties for a long time, they have been getting separate tax bills; have never been notified that they had a merged property and when they are ready to sell, not because they want to but because they have to. And now they have to choose between moving out of the Town of South old or living with the property that they can't afford. So I beg you, it is time to act. It has been a year, I know you discussed it. There can be disagreements as far as how to deal with it but I think it is urgent. It has reached critical situation. The Zoning Board has one application a month and they are all being, the answer is no. So, they don't want to deal with this. They are sending a very clear message. And I am here to pass on the message. Thank you. SUPERVISOR RUSSELL: Pat, thank you. I couldn't agree more. Ma'am? Page 35 July 25, 2006 Town of South old Board Meeting Minutes UNIDENTIFIED: Thank you very much. It is an accident that I am here today. And I have never been to a Town Board meeting. SUPERVISOR RUSSELL: Can I just interrupt and ask you for the record to identifY yourself and location. KATE FRALEIGH: My name is Kate Fraleigh. I am a resident ofCutchogue. I have been a resident since 1966 when I bought my home on a flag lot. And in 1977 I bought another piece of property with my brother in front of that home. He died in 2002 and when I went to sell the property, I found out I couldn't sell it. And that was the decision of the Board. I can tell you, I was bowled over. Especially when the case was presented, it seemed to be heard with reasonable support and then I got the note that said no for several reasons. I don't know why. It was bought as a separate piece of property, well, you don't need to go into the case. It is just such a shock. And it was meant to be financial support for us. It is not there. SUPERVISOR RUSSELL: I know. MS. FRALEIGH: And I am not going to go into a long story and I have tried to think of other ways and reverse mortgage is one of them, so there is lots of things that you can do but you shouldn't have to. SUPERVISOR RUSSELL: No. I will just tell you, I am sorry to interrupt, but we believe me, I think as a Board we are aware of the issues that need to be addressed. There is a member of the ZBA that I think has been in contact with Kieran about the issue and they have been working on developing legislation that will address that, in particular merges by virtue of death of one of the owners which is very critical component. I mean, you just, obviously in the time of somebody's passing, a husband or a wife, a spouse, you don't even have the time to plan for some other people that might have had the foresight to move it out in the children's names. That was an unintended consequence and we are addressing it. MS. FRALEIGH: Thank you. SUPERVISOR RUSSELL: Thank you. Kevin? I am sorry, Mr. McLaughlin. I don't want to be so informal. KEVIN MCLAUGHLIN: Thank you, Mr. Supervisor. Kevin McLaughin. I am also a local attorney, I just want to reiterate what the last two speakers have said. This waiver or this merger by death comes like a bolt oflightening, out of the blue, to unfortunate people. People who have actually taken what they have been told are the necessary steps to keep these adjoining lots separate. And up until, let's say about a year ago, there was no problem with going to the Zoning Board. You went to the Zoning Board and you met the core criteria, you could usually get a waiver of merger. However, in the last year, your Zoning Board has taken the position that you cannot show economic hardship under showing the fact that the merged lot is worth considerably less than the two lots as separate. And they have gone to court and they have won. So we have no place else to go but to this Board to get some kind of relief. There is no way that Page 36 July 25, 2006 Town of South old Board Meeting Minutes you can ever satisfy the criteria that your Zoning Board now demands. It cannot be done. You cannot show economic hardship because every single one of these is going to show substantial increase in the value of property because all of the property in Southold Town has gone up dramatically in the last 10 years. We have no place else to go. We need to come to you and we need to see action so that these poor people don't continue to get the same result where they think they have separate lots, they pay separate tax bills every year that this Town sends out. They think they have them and then they go to sell and they find out differently. Please push this along. Thank you. SUPERVISOR RUSSELL: Thank you. COLONEL MIKE MAY ANS: Thank you, ladies and gentlemen. My name is Colonel Mike Mayans, US Army retired. I spent about 30 years in the service and we, that is our family has owned property out here in East Marion for almost 50 years. My mother and father have now pass,~d away, they bought a lot adjacent to a house that my mother and I had built in the late 50's and the only reason they bought that lot was as an insurance policy. To be able to use whatever they needed to support them in illness, etc. My dad unfortunately passed away in 2004 and I am the executor of his will. On his deathbed, he told me that if there were any expenses that incurred from his death, that I should sell the lot. And it has always been my intention to pass on that property to my children and to keep our connection with New York. I am originally from New York. When we began, or when I began my duties as the executor and we went to put in the paperwork, we found at that time that the two lots, which are adjacent to each other, had been merged. And I was no longer able, as has been just described, to sell that in order to gain the money to take care of the estate and also to preserve the property for my children. And that is the position that I am in right now. Unless we can do that, it is very doubtful that I will be able to maintain the 50 year history of the family out here in East Marion. So this again is another example of unintended consequences. And certainly, don't hold anyone here responsible, I am sure it was done with the best of intention but we have all seen the best of intentions have these unintended consequences. So I would ask, request, that you review this legislation with what you have just heard in mine and hopefully, give us some relief on this. Thank you very much. SUPERVISOR RUSSELL: Thank you very much. Mr. Wills. FRANK WILLS: Good afternoon, my name is Frank Wills, I live in Mattituck. In fact, I live to the west of the Captain Kidd Estates and the last month, the Town, Pete Harris I presume, with presumably the Board's agreement, have resolved the situation that has been a real mess whenever we get a lot of rain. Like two inches of rain, a third of those roads are impassable because there is no catch basin to catch the water. Well, in the last month or so, 15 catch basins have been installed in the Captain Kidd Estates and the flooding is gone. Thank you. SUPERVISOR RUSSELL: Thank you for mentioning that. We actually have a pretty ambitious plan for road run-off mitigation in a lot of areas for environmental issues, for safety issues. The Town Board has been working very well with that. Albert Krupski, myself, the rest of the Town Board has been very supportive of the initiatives. I can't say enough about Pete, he has done everything I have asked him to since I got sworn in January 1st. We work very well together. Page 37 July 25, 2006 Town of South old Board Meeting Minutes Jamie has been extremely helpful. It is a good committee and it is one of the areas where we actually have been functioning very well. Thank you for your kind words. Mrs. Egan. MS. EGAN: Joan Egan, East Marion. I will run through a few things quickly. The attendants at the Town Beach have a problem but I don't know how we can address. Many parents don't care about their kids and let them run in the parking lot. I don't know what we can do about that. I hope people are listening and the attendants can't run after the kids but you are going to have some problem there. I can't agree more with Mr. Carlin, again, the police landscaping situation around the flag pole is disgraceful. He does have the in-ground sprinkler working and is producing gorgeous weeds. Gorgeous weeds. They look great. I would also caution the Human Resource Center to check medically speaking about using the microwaves. Many doctors in the city and allover are warning people to stay away from them for cancer. So perhaps Mrs. McLaughlin would be good enough to check that medically before we have any further problems. I didn't get a chance to do it but Mrs. Neville is off on one of those trips that I don't think, I think can be done by computer or phone. Oh, and six months from today is Christmas. I hope you have all started your Christmas shipping. I have. And oh, the Land Preservation their building behind it is a disgrace, their lawn is a disgrace so, tell them, give them a wake-up call, okay? Thank you. Bye bye. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? Anybody else? Come on up. JODIE ADAMS: Okay, a small variety of things. Recently I had, from time to time I do have reason to try to talk to regarding property that have been turned into the police department, to re- obtain it and found then and then discussed with the office of the district attorney the same problem that the person that the police have in charge of lost property and with whose permission is more or less required before anything is taken or removed or returned generally works in the evenings. He doesn't work any steady hours, I mean, this, it jumps around and it, this week is 4-12 Saturday and Sunday, 4-12 today and if you come in in the morning or at some other time, nobody can do anything because they have to talk to him and then obviously he doesn't want to be on call 48 hours a day or whatever and I just wondered, somebody said that this was not his choice but in fact, what the police chief or somebody in administration and I think it is something that you all might consider. Next, I am wondering if you all pass a law, I mean, they were discussing about a law has morphed or has changed you know, apparently from what the original intent was to how it is being used now. If a law is brought to you or some part of a law is brought to your attention and you realize one, either that it was terribly written or or, you know, unclearly written or that people are abusing it in a variety of fashions which require some sort of revision, is there any way of taking immediate action? Of the Board saying, we suspend section X of you know 93-4.5 for revision or for whatever reason. I don't know, my eyes are failing me, so I am just sort of staring at the people that I recognize and can tell by their clothes. This question is to anybody. SUPERVISOR RUSSELL: If you are looking for a blank stare, I am the guy because I don't know. I am going to ask Kieran Corcoran. But I would imagine that any law needing to be amended or addressed in any way, there probably is a process because you have the right or the responsibility to notify the public of any law that you are going to pass so there has to be a time Page 38 July 25, 2006 Town of Southold Board Meeting Minutes frame in which the public can absorb the changes and comment on those changes. MS. ADAMS: Well, obviously. I mean, yeah, we see that every, you know, all the time and I will present this to you and whether or not my eyes are up to reading it is totally questionable. This is a section of a law (inaudible) it is an eight page law, it is like a four line section. And I wonder if one of you people would like to read it out loud in a minute or two having read it yourselves. ASSISTANT TOWN ATTORNEY CORCORAN: I am assuming so, this is an excerpt of part of the law, so we don't get to see the entire... MS. ADAMS: Well, I have the eight pages, if you would like it. This seems to be the only one dealing with, I thought there was more dealing, you know, this seems to be the only one dealing with this subject but I do have the... ASSISTANT TOWN ATTORNEY CORCORAN: This has to do with the prohibition of, 'erecting, maintained use or occupy on or in a beach or bathing area, any tent, shelter or structure of any kind unless there shall be an unobstructed view into such tent, shelter or structure from at least two sides and nor shall any guy wire, rope or extension or exterior brace or support be connected or fastened from any such structure to any other structure, stake, rock or other object thereof It has to do with erecting tents and structures on the beach. . .. MS. ADAMS: Correct. ASSISTANT TOWN ATTORNEY CORCORAN: Presumably in which to habitat or sleep. MS. ADAMS: Alright. Now, what does it mean to you? SUPERVISOR RUSSELL: It means that you are not allowed to live on the beach. MS. ADAMS: It doesn't. It means that up until the but. And when it says but would you re- read the but part because the first part says that and if you had left it at that, terrific. It doesn't. It says but and the but allows you to do pretty much what you want, I think. Would you, can you re-read it? The but. . . ASSISTANT TOWN ATTORNEY CORCORAN: I don't see the word but in there anywhere. So I don't know what you are talking about. MS. ADAMS: Alright because, wait a minute, alright. Read from the start, the start which says, you know, and then go into the except or when or something. SUPERVISOR RUSSELL: It starts from 'Erect, maintain, user occupy on or in any beach or bathing area any tent, shelter or structure of any kind unless there shall be an unobstructed view into said tent, shelter or structure from at least two sides. Nor shall any guy wire, rope or extension or exterior brace or support be connected or fastened from any such structure or any Page 39 July 25, 2006 Town of Southold Board Meeting Minutes other structure, stake, rock or other object thereof MS. ADAMS: Okay. Now, how I read it and I mean there is so much, the first part is so empathic, it does tend to get in your brain. I have also amended my own mind to say nothing dangerous. You know, it doesn't say that but I have been thinking about it, you know, that has become part of it. But in point of fact, it says if the structure, tent or what have you has these two visual accesses, they, they, it is fine. It doesn't matter at all. ASSISTANT TOWN ATTORNEY CORCORAN: No. The next clause then says no... MS. ADAMS: Yeah. You can't have these things that people fall over but I am saying... ASSISTANT TOWN ATTORNEY CORCORAN: It can't be fastened in any way, is the next. MS. ADAMS: Okay. Well, re-read that because I think that can be misinterpreted also, please. SUPERVISOR RUSSELL: 'Nor shall any guy wire, rope or extension or exterior brace or support be connected or fastened from any such structure to any other structure, stake, rock or other object thereof MS. ADAMS: Okay. Now, there is possibly possibly a different interpretation but generally speaking structures anywhere have to be fastened to the ground usually. If there is a wind they are going to take off. So this seems to say to me to say anything that reaches away from the structure in which somebody can trip on, fall over, injure themselves in any way would make the use of that structure illegal. But it does not say putting, you know, keeping something attaching it to whatever it is, the beach or whatever, in other words, whatever the stakes or so on that are normal for any structure of this type. ASSISTANT TOWN ATTORNEY CORCORAN: May I ask a brief question? MS. ADAMS: Certainly. ASSISTANT TOWN ATTORNEY CORCORAN: Is there still a case pending against you in Justice Court? Under this statute? MS. ADAMS: May I ask to whom I am speaking? ASSISTANT TOWN ATTORNEY CORCORAN: This is Kieran Corcoran. MS. ADAMS: Is it Kieran that I have been talking to so far? SUPERVISOR RUSSELL: Scott Russell has been participating in the discussion. MS. ADAMS: Well, who has been doing the reading? Page 40 July 25, 2006 Town of South old Board Meeting Minutes ASSISTANT TOWN ATTORNEY CORCORAN: Both Kieran and Scott. SUPERVISOR RUSSELL: Well, we share. MS. ADAMS: Oh, okay. ASSISTANT TOWN ATTORNEY CORCORAN: Is there a pending case against you? MS. ADAMS: My, my, my, sir, my interest at this time is one that this section of a law be publicly looked at, thought about, analyzed and that hopefully if there is a case, if there was a case that those cases also be looked at to see if in fact the police are abusing or misunderstanding or misusing this law. And if you like what the police are doing, I believe that this law should be changed. I truly believe it and I believe that it is being so abused and so misunderstood, I have had, I had this little, I was going to bring it in and I do have a little pamphlet that shows it, it is maybe six feet wide, four feet high; it is sort oflike a little beach cabana or a little whatever. It has the requisite poles in it, unless you put the rain fly on which is usual for most tent type things. It has nothing extending beyond its own little, you know the holes in the tent to keep it in the ground. I have, I tried, you know, you never know in this Town what somebody is going to respond to and what they aren't in terms ofliking it, disliking it, arresting you, not arresting you. So I put this tent up and I was going to try it for a certain period of time and that period of time haprened to be four days and about 3 Y, days into this period a police officer who happened at that time to be new and happened to be part of a family I knew and therefore I did not resent particularly arrived and said I had to take it down or else and I said okay because I had been planning to take it down that day anyway, I'd had, or after that had people say, can't you know, couldn't you just put it up at night and take it down during the day? Someone came and looked and said, oh, you have the requisite hole in the side of the tent-and this was a police officer-and he didn't notice the one or the other and he said, well, one is probably enough. Urn, we had the charge that was dismissed because the judge said it did not include the fact that there was an extension of wire beyond the particular thing, the judge seeming to imply rightly or wrongly and I sometimes change on that, that that was a requisite to prosecution. You know, under this law. And as I say, for a year, I have been prevented from doing some things which are fairly normal. Now, certain, you know, adjustments might have been made if there was good will on all sides but we have, I think, an abuse of language which ought to be straightened out and I would appreciate it if you would consider this very seriously because if you don't want to put anyone ever to put a tent up, ever to sleep, you know, say so. Don't say 'but if you do this and if you put a hole in the wall, everything is okay' because it confuses people. And you know, if that is what you want, then please don't have the police ripping up tents, tearing them down, arresting people. Okay? SUPERVISOR RUSSELL: Okay. We will look into it. I appreciate your input. MS. ADAMS: Thank you. SUPERVISOR RUSSELL: Anybody else like to address the Town Board on any issue? (No response) Motion to close. Page 41 July 25, 2006 Town of Southold Board Meeting Minutes 10. Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:45 P.M. * * * * * Sout 0 Denutv Town ler ... Vote Reeord':' Adiourn Town Board Meetir;;- Ye.sfA'I,~ N"~!N_IlY Abstain Absent AlbertI<rupski Jr. Voter It! 0 0 0 It! Adopted William P. Edwards !'j~iti~i It! 0 0 0 0 Defeated ~i'ei"C':'Ross Seconder It! 0 0 0 0 Withdrawn Thomas H. Wickham Voter ~r 0 0 0 Louisa P. Evans Voter 0 0 0 It! Scott Russell Voter . It! 0 0 0 ~~~ Linda J Cooper hid C k Page 42